Life Guards For Pools and Insurance

We are in the first year of homeowner control of our HOA, which consists of 800 homes in a "55 or better" community in Virginia. Among our amenities are an indoor and outdoor pool.

Several years ago, while still under developer control, we asked the board to look into operating the pools "at your own risk" (i.e. delete the expensive contract for full time life guards). We were told at the time that our insurance company would not insure the association if we did that.

I recently visited a similar community run by Del Webb in North Carolina. They operate their pools without lifeguards. The MC has a person on staff who maintains the pools, checks chemical levels, etc. but no lifeguards.

My questions: Should we be able to obtain insurance if we decide not to have life guards? Is there something about the laws in Va. that are different from N.C. that would prevent us from doing this? Does your HOA employ lifeguards? If not, what are the issues we should consider?

Did finally maybe find the statute and you would fall under 2(b) as noted below:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0514/0514ContentsIndex.html

514.0115Exemptions from supervision or regulation; variances.
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(1)Private pools and water therapy facilities connected with facilities connected with hospitals, medical doctors’ offices, and licensed physical therapy establishments shall be exempt from supervision under this chapter.

(2)(a)Pools serving no more than 32 condominium or cooperative units which are not operated as a public lodging establishment shall be exempt from supervision under this chapter, except for water quality.

(b)Pools serving condominium or cooperative associations of more than 32 units and whose recorded documents prohibit the rental or sublease of the units for periods of less than 60 days are exempt from supervision under this chapter, except that the condominium or cooperative owner or association must file applications with the department and obtain construction plans approval and receive an initial operating permit. The department shall inspect the swimming pools at such places annually, at the fee set forth in s. 514.033(3), or upon request by a unit owner, to determine compliance with department rules relating to water quality and lifesaving equipment. The department may not require compliance with rules relating to swimming pool lifeguard standards.

(3)A private pool used for instructional purposes in swimming shall not be regulated as a public pool.

(4)Any pool serving a residential child care agency registered and exempt from licensure pursuant to s. 409.176 shall be exempt from supervision or regulation under this chapter related to construction standards if the pool is used exclusively by the facility’s residents and if admission may not be gained by the public.

(5)The department may grant variances from any rule adopted under this chapter pursuant to procedures adopted by department rule.

History.—ss. 1, 14, ch. 85-173; s. 2, ch. 87-117; s. 46, ch. 98-151; s. 1, ch. 99-182.